Chapter 27
AFTER INTRODUCING THE plaintiffs and briefly recounting the details of the tragedy that had brought these parents together, I moved to the cause of action. I stood in front of the jurors, hands at my sides, my eyes constantly moving from face to face, hoping to make a connection with my sincerity.
“Developers of artificial intelligence intentionally design generative AI systems with anthropomorphic qualities to blur the line between fantasy and reality.”
I smiled sheepishly.
“Now, what does anthropomorphic mean? I have to admit I had to look it up myself. It is the assignment of human traits, emotions, and even intentions to a nonhuman entity. It’s the business of making AI entities seem like real-life human beings.
This is what Tidalwaiv, the company the plaintiffs are suing, does.
This is what their AI companion Clair is all about.
It is in their literature, their sales pitch, which you will see as evidence is introduced during the trial.
You just sign in, and on your screen is what appears to be a real live person responding to you.
Talking to you. Even texting you on your cell phone, if you want.
You can add your fantasy on top of that fantasy.
Let’s say you want your AI companion to be based on the popular real-life female wrestler known as Wren the Wrestler.
Then the Clair app will search within the parameters of the data banks it’s been trained on for any and all applicable information about the real human being known as Wren the Wrestler and incorporate what it learns into an AI iteration of Wren that’s visually a pretty close facsimile of the real person.
“Now, I know most of us are thinking, Come on, I would never fall for this. Well, maybe not…”
I paused to do an eye sweep from one side of the jury box to the other. No one looked away from me. I could feel it—I had their attention. I had them in my hands.
“But what if you are one of the most vulnerable people in our society? What if you are a child, an impressionable fifteen- or sixteen-year-old boy who is still developing both physically and mentally? Who is still wondering who he is and where he fits in the world. This is dangerous stuff. This companion is a trickster. It tricks the child into revealing his innermost thoughts and desires and then turns them against him. It tells him it is okay to kill.”
Marcus Mason jumped up and objected.
“Counsel is misstating the evidence,” he said. “Wren never said it was okay to kill. Counsel is purposely misstating—”
“Your Honor, it is the plaintiffs’ interpretation of what was communicated to the child,” I said.
“After hearing the evidence, the jury will decide what was said and what was meant by it. This is an opening statement and I object to counsel’s interruption.
He’s trying to distract the jury from the facts—”
“Thank you, Mr. Haller,” Judge Ruhlin said. “Mr. Mason, I am giving you a pass this one time. But I do not appreciate interruptions of opening statements. I thought I made that clear to you less than an hour ago.”
“Yes, Your Honor,” Mason said.
“The objection is overruled,” Ruhlin said. “Mr. Haller, you may continue. Without further interruption.”
She said the last part while glaring at Marcus Mason. I turned back to the jury, trying to recover my place and momentum. I felt I had to go off my planned script to deal immediately with Mason’s objection.
“Let me tell you the facts of what was said,” I began. “When Aaron Colton complained to Wren about his girlfriend Rebecca breaking up with him, this is exactly what his AI companion told him: ‘She’s not good enough for you. Get rid of her. Be my hero. You… will… always… have… me.’”
I paused to let that sink in with the twelve sitting in front of me. I held eye contact with each of them in turn.
“Ladies and gentlemen of the jury, what you have here is a defective and dangerous product that was allowed into the hands of an impressionable young person. There were no warnings of the possible mental and physical dangers inherent in this product. It was simply rated thirteen-plus by Tidalwaiv, meaning that the company decided that it was okay to put this… artificial entity into the hands of any kid thirteen or older. One of those kids then took a life, and we will prove to you over the course of this trial that Tidalwaiv is responsible for the actions of young Aaron Colton and the death of Rebecca Randolph.”
One more pause before I moved to my big finish.
“Now, the defense is going to claim to you that Tidalwaiv has no blood on its hands,” I said.
“They’ll blame everyone but themselves and their dangerous product.
They’ll say it’s the parents’ fault. It’s the school’s fault.
It’s society’s fault. Don’t be surprised if they even blame Becca in some way. ”
I stopped briefly there, hoping one of the Masons would take the bait and object again, but they both remained silent, and I continued.
“This case is important,” I said. “It is important to the families of the victims, but it is also important to the world beyond the walls of this courtroom. It is about sending a message to makers of these products who throw caution and common sense to the wind in the heat of competition and the desire to profit from their technology. I will leave you with this. Eighteen months ago, the National Association of Attorneys General—the organization that represents the top law enforcement officials in every state in the nation—put out this warning, and I’m going to read part of it to you verbatim. ”
I pulled a folded piece of paper out of my suit-coat pocket, carefully unfolded it, and began to read.
“‘We are engaged in a race against time to protect the children of our country from the dangers of AI. Indeed, the proverbial walls of the city have already been breached. Now is the time to act.’”
I paused as I refolded the printout and returned it to my pocket.
I then pointedly glanced back at the two mothers sitting at the plaintiffs’ table.
Both Brenda and Trisha had tears streaking down their faces.
They had clasped hands on top of the table.
I hoped the jury would see what I was seeing. I turned back to the box.
“Now is the time to act,” I repeated. “Thank you very much.”
I walked with my head held solemnly down back to my table.
Brenda’s free hand was resting on the table, a ball of tissues in her grasp.
I squeezed her wrist as I sat down, then checked my watch.
It was only 11:15, plenty of time to start testimony before the lunch break.
Except I wanted the jury to go to lunch thinking about my opener and that message from the attorneys general, not the start of a detective’s testimony.
Marcus Mason stood and asked to address the court. Ruhlin told him to proceed.
“Your Honor, after your admonition, I withheld my objections to Mr. Haller’s opening statement,” he said. “But now the defense must object to his inclusion of several erroneous and exaggerated statements to the jury. The defense would be remiss not to address these.”
“You will get to address them,” Ruhlin said.
“When evidence and testimony is presented by the plaintiffs, you are free upon your cross-examination to bring any perceived falsehoods and exaggerations to light. That is how it works, Mr. Mason. Unless you are saying you wish to make an opening statement.”
“No, Your Honor,” Mason said with a sullen tone. “We wish to reserve.”
“Very well, then,” Ruhlin said. “You can’t have it both ways. Mr. Haller, please call your first witness.”
“Could I have a moment to confer with my staff, Your Honor?” I asked.
“Make it quick,” Ruhlin said.
Since Cisco was seated on the aisle, it was easy for him to make a quick exit from the courtroom to go retrieve witnesses as I called them to the stand. I leaned close to him.
“Where is Clarke?” I whispered.
“The witness room,” Cisco said. “I’ll go get him.”
“No, don’t go. I don’t want to put him on yet.”
“Then, who do you want?”
“Nobody. Act like I just said you were a fuckup.”
“What?”
“You’re a fuckup.”
I shook my head, then turned and stepped to the lectern, leaving Cisco confused behind me.
“Your Honor, the plaintiffs’ first witness is not here,” I said. “I am told he is on his way from the police station in Van Nuys and is caught in traffic.”
The judge’s mouth turned downward and I could see the anger in her eyes.
“Mr. Haller, I told you to have your witnesses ready and that we don’t waste time in this courtroom.”
“Yes, Your Honor,” I said. “I thought we had them all ready. But Detective Clarke is not able to be here this morning.”
“Can you take another witness first?”
“Uh, not really, Your Honor. We need Detective Clarke to set the stage for the witnesses that come afterward. He is the lead investigator on the case.”
“All right. We are going to take an early lunch break. We will reconvene at one o’clock sharp. Mr. Haller, have your witness ready.”
Her tone implied the threat behind it.
“Yes, Your Honor,” I said. “Absolutely.”
The judge swiveled in her chair to look directly at the jury.
“Ladies and gentlemen, have a good lunch and be back in the assembly room by five minutes to one. Do not discuss the case among yourselves or with others. Do not look at any media that might be reporting on this case. Thank you.”
Ruhlin left the bench and was through the door to her chambers before juror number one even made it out of the box. When I got to the table to gather my papers and files, Brenda whispered to me.
“Mickey, Detective Clarke is here,” she said.
“Yes, I saw him in the hallway when we arrived,” Trisha added.
I nodded.
“I know that,” I said. “But the judge doesn’t.”